Also known as: necessary parties
Written by attorneys · grounded in primary & secondary sources — see below
A party whose presence in litigation is required because complete relief cannot be accorded among those already parties without that person or because the person's absence would as a practical matter impair the person's ability to protect an interest relating to the subject of the action. The label also applies when existing parties face a substantial risk of inconsistent obligations if the absent person is not joined. Failure to join such a party may prevent a judgment from binding all affected interests or may require dismissal when joinder is not feasible.
Select any source to read its text and confirm it supports the definition.
Liberty Trust begins foreclosure on Sun Charity's building after default. Atlantic Coalition holds a recorded option to purchase upon default, and several tenants hold recorded leasehold interests. Liberty Trust names only Sun Charity as defendant. The omitted parties' recorded interests survive the sale because they were never joined and given notice.
Heirs of the first donee in tail challenge the validity of a fee tail estate that may defeat their remainder interest. The living issue of the first donee are not named in the suit. Their absence prevents a binding adjudication because the issue hold interests that would be defeated by an adverse judgment.
Cinerama seeks to amend its statutory appraisal action against Technicolor to add fraud claims arising from the merger. The alleged wrongdoers who caused the injury are not parties to the appraisal proceeding. The court refuses the amendment because the fraud claims require the presence of those wrongdoers to fashion appropriate relief.
A child sues a single defendant for personal injury damages exceeding the jurisdictional amount. Family members with related claims below the amount seek to join as plaintiffs. The court applies supplemental jurisdiction because the additional plaintiffs are not necessary parties whose joinder would circumvent complete diversity.
Voters challenge the constitutionality of Tennessee's county election statutes in a declaratory judgment action. The state attorney general is not named as a defendant. The attorney general must be joined because state law designates that office as a necessary party in any suit attacking the constitutionality of Tennessee statutes.
A married woman files suit in equity seeking relief that affects her separate property rights. Her husband is not joined as a party. The court requires the husband to be joined because a feme covert cannot sue at law without her husband when the suit concerns her rights and he is the most suitable co-party.
Rule 19(a) requires joinder if complete relief cannot be accorded among existing parties in the person's absence, if the person's absence would impair the person's ability to protect an interest relating to the subject of the action, or if existing parties face a substantial risk of inconsistent obligations. Efficiency concerns alone do not make a person necessary. Joint tortfeasors are merely permissive parties.
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…the duty of advising the officers of the State upon the law, and is made by Section 23-1107 of the Tennessee Code Annotated a necessary party defendant in any declaratory judgment action where the constitutionality of statutes of the State of Tennessee is attacked, and he is ex-officio charged, together with the Governor and the…
…rule: A nondiverse plaintiff might be omitted intentionally from the original action, but joined later under Rule 19 as a necessary party
…to include its fraud claims would impermissibly broaden the legislative remedy. It would also fail to bring before the Court the necessary parties
…husband, she cannot maintain a suit against him at law; but in equity she may do so, and against all others who may be proper or necessary parties
The court must weigh the Rule 19(b) factors in equity and good conscience, including the extent of prejudice to existing parties or the absent person, whether relief can be shaped to lessen prejudice, and whether the plaintiff would have an adequate remedy in another forum. Dismissal is not automatic.
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Yes. The statute requires notice to any presumed, acknowledged, or adjudicated parent because that person's existing status and obligations could be altered. Notice allows the adjudicated parent an opportunity to intervene and protect legal parentage and support obligations.
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Yes. Due process requires service on any person who has physical custody of the child because the court may order that person to surrender or produce the child. Service only on the named respondent is insufficient when physical custodians are not served.
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A man who has timely registered on the putative father registry must receive formal civil process notice of any proceeding to adopt the child or terminate parental rights. Informal notice such as a phone call does not satisfy the statutory requirement.
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Yes. Necessary parties in foreclosure include the mortgagor, junior lienholders, tenants, and others with recorded interests in the property. Failure to join them and give notice means their interests are not extinguished by the sale.
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